Massachusetts Wrongful Death Laws

Economic Portion of the Presumed Award

Damages are distributed to the class of people described below, in proportion to their pecuniary loss.

1. If the deceased was survived by a spouse and no children, then all to the surviving spouse.

2. If the victim was survived by a spouse and by one child or by the issue of one deceased child, then 1/2 to the surviving spouse and 1/2 to the child or descendants.

3. If the deceased was survived by a spouse and by more than one child, then 1/3 to surviving spouse and 2/3 to the surviving children or grandchildren.

4. If there is no surviving spouse, then to the “next of kin” as defined by the laws of intestate succession.

Pecuniary loss is defined by the Massachusetts Wrongful Death statute and cases interpreting that statute. See Mass. Gen. Laws Ann. ch. 229, § 1